In view of the Companies Act 2016 (“the CA 2016”) coming into force and replacing the Companies Act 1965, Bursa Malaysia Berhad has amended the following rules to take into account the CA 2016:

The amendments are set out below:

Amendments to the Rules of Bursa Malaysia Securities Berhad

Effective date: 29 May 2017

Salient amendments include:

(a) references to the “Companies Act 1965” have been replaced with “Companies Act 2016”;

(b) the admission criteria for a Participating Organisation which requires an application to have as one of its objects, the carrying on the business of dealing in securities has been clarified in that it only applies if the applicant has a constitution which states the objects of the company;

(c) references to “memorandum and articles of association” have been replaced with “constitution”; and

(d) any cross references to the sections under the Companies Act 1965 has been updated with the new sections under the Companies Act 2016.

Amendments to Directive No.3-001 (Directives on Applications to the Exchange and Fees pursuant to Chapter 3 of the Rules) and Directive No.4-001 (Directives on Market Making and Specified Securities) (“Directives”) and Amendments to Best Practice No.7.16-001 (Best Practices in the Islamic Stockbroking Services Undertaken by Participating Organisations), Best Practice No.8.16-001 (Direct Market Access Handbook) and Best Practice No.3.39(2)-001 (Recommendations on Compliance Reporting) (“Best Practices”)

Effective date: 29 May 2017

Salient amendments include:

(a) references to “memorandum and articles of association” have been replaced with “constitution”;

(b) the application form for registration as Market Markers in Appendix 2 of Directive 4-001 has been updated;

(c) references to “Authorised Capital” have been deleted;

(d) references to Forms 9,49,13,24 and 44 under the Companies Act 1965 have been replaced with the equivalent forms under the Companies Act 2016;

(e) the recommendation in relation to the memorandum and articles of association of an Islamic Participating Organisation in Best Practice No. 7.16-001 has been removed;

(f) the Best Practice 3.39(2)-001 on compliance reporting has been updated and references to Forms 9,24 and 44 under the Companies Act 1965 have been replaced with the equivalent forms under the CA 2016; and

(g) references to the Certificate of Incorporation in the DMA Handbook under Best Practice 8.16-001 have been replaced with “notice of registration”.

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